Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1887-11-12

&4 800 N4s
o1isi 5ualss 3snss % fhans -
nsnneG M sssEnEen ID shs cnns e q,
United blstss nGnsnsf ~ NorfhsEr
Rsaihs Railsoaa Oompauy ana esrisir
so1ir.cicrs. a1kzue fux q ininnalioA b
rsstraln Ne dsfsnaznss fson enatsns
nnd Ramssine ttzhnf from aoEsrumanl
land1 rs dsciuion uas dslivsrsz
oEallys IN uas faken doWn IN shors
had b ne ssazt rspaEssE. \ i =
ezl1xEz. ". +, Nos. II, 1851.
A1lln9 q lhe OeuEs a - piAInf11 I
appllesfton fer infaneti1u. eE6
sn19s toaee a816. Gsn1leman. n ~
ease g t1a uniaea Ssnsaa Va. MnrthaFn
rae!ue k1liRoad Uomrany e q havs
reached ia eu1nlaalun ahEa the raj,
Rad e0mpaoy have ne rirhs % taks
tlUDeE aotaoens 90 tie Fnilfoad foR To-
e1n1lK1sife1 Of the sumnel nmd anom
11ed2 Ter TIE coDrie1ion a. thnas 1IEne,
s4zeas A. % tue hRidRs snEoes ~
oninmbia river, the track on eash a1ds
q kne Fig1E having been eomplased
and aes8pted bY the 0oTeEnmena. in-
olndna the bridge nEEaas fha river 6 4
wAe then upeEaae1 b. means o. IA
ferry he Railroad c0mpany have n
Fl4h1 b tako timber from aha puhfir
lands for the cnmple1fun a. ehat hrians
% anything incluasd ulIhfn isa nppxsct
oE kimizR, ena tha4 as 10 ne oehaT aesl
ea1lnSd aQnfnst ths defendant N khr
hstL asi1e from thoss falatina % IL
aneW sheds and tie aunnaI and ne
awilchhaek, he osfendans shoul1 b
restrained from u11nn pnhiIa tEmbsK foI
any puKro9a excspt t1ooa oonnecfed
wI1h tnat eatsRpFiss. and s1eh an ordsI
vii b wnde.
sonathina was aid Ia fhe argument
shout fuel used on locomotives and
stationary e1Rines II 60 far &c TIE
grant Of the United States 81 the right
70 taxa pnniie timber Cor eonstrnction
d q fAilFoad--I think if ought 30 b
construed literally with references 10 The
purpoee fna4 the auEefnmeut bad "a
vlsw IN making tue grant, and ths grant
% uss pubtie timbeF for the eonstrno-
ton ct railroad o. any other pufpoal
carries With Il, IN order 90 make i q uss-
fni grant. the right 10 uas Whatsper uay
be necessary 10 accomplish the main
pzfposs for which The aFant wns made,
consequently they have Q right 10 usc
timber for feel u operating stationary
engines, 90 far ag if is authorised %
use that timber manufactured By theae
Stationary engines n the oonsiEucfiou
Of the work, and lkey have Q right %
use timber for fuel 90 operate looomo.
iives Tor TIE sane purposes That d %
80 A. - - - ~.~nfa msmmm ga -. "a :
so1stFuesion Of the wood work Of this
tunneis snow sheds and switch back ever
tie mountains, that The same reason
that gives 20 TIE defendants the right %
nse puhlio timber for the purposes Of
ties % bridges Or trestleuoEk OF any.
tbipR Of that kind, including iimbsFs
q ed 10 the tunnel, must, In order to
oaE1y cut the idea Of The Rossrnmens
and within the terms Of its grant, u
seems 10 me TO extend 90 thu nse Of the
fuel for operation Of locomotives used
IN that work. That is 70 say Where
they Use timber for the purpose Of
hnildine tbs road. they have the right
20 uss fuel for the stationary and loco
motive engines in carrying Gus shat puf-
pose, b1f Tor no other purpose. II The
contrary view vas held By the courts
they could taul timbsr from Pugst
sound 20 Dakota 10 be used On looomo-
tivss there. The government did not
undertake TO Do that
DO nct think q 10 necessary for the
Court 70 pass upon what Il "adtaceug"
timber lands to the road, as all Of the
road Is constructed, as admitted By she
argument, except this particular rosd
connected with she swilchback, tunnei
and snow sheds aud approaches. and
there Il no timber being taken for these
purposes except within distance Of
eight OF ten miles. think that would
be adjseent 20 The line Of the road. Adj =
oeEt does not mean contiguous. u means
within q reasonable distance. As, II We
should say two men lived on farms ad-
iscent 20 each other, ne would mean
they were in that neiahboFho0d.
IL the governments meant that the
timber should only be taken from ad-
joining lands, they would have sail
adjoining instead Of adjacent. And
after this lapse OF time in tue oonstF1o-
ton Of the Northern Pacific railroad. Q
doRsn OF fifteen yeaEa, and the pEaoiiee
growing up along The line Of that road,
4 practical construction OF the grant
i'self. with the acquieseeuee Of the gov
eFnusni, the term adjacent sh7nld at
least DO extended 10 WITHIN reasonable
distance Of the road being constructed.
don't think that would exteud to the
bridge, u being distance Of two han
dFed miles. Il Il not necessary for the
Court 70 pasa upen this specific ques-
don, because the company tteeif pro-
cured the acceptance of the road acFoss
the Colombia river and on eaea side Of
t. and thai necessarily inolades the
ferry by which the two ends Of that
track are connected, and the governments
having accepted u, the TtRht 10 take
timber ceased the moment the road vas
accepted, because that implies the com
plsiion. Il has only the right 10 take
timber during the construction Of the
road. not in repairing OF alterations Of
the road.
AZ 90 the switchback. / think that
Genes within Q reasonable intendmenf
Of the eyant. have In ny own expeet-
ence known Of instances. and one spe-
ciac instance where the read vas being
Constructed across what vas once .
lake, some four miles AGREES and eleven
miles around. Notwithstanding that
she lake had become largely . swamp
instead Of q lake, yet The road aeross
that lake had 10 be constructed b. pill.
ina and the main track Of the line ap-
preached that lake from The east. and
consequently has one pile driver eoald
be used, commencing at the east SIDE Of
she lake. myself saw plies ferry eight
feet long with one blow Of tbs pile
driver seat out Of sizht. the bottom Of
the lake, was 20 soft and 90 deep. Aud
for the parpose OF facilitating and has
tenirg she work they built q track
aFound tbs lake % as b work froH
both ends Of this pile bridge. And
think the bailding Of that track around
there vas e. nseeslary Ia the eonstFue-
sion OF that road a. any other thing
they did with reference % the eonssRue
Il n Of tha ROAD. Il d true u could
have been constructed from one end.
but Il Woald have taken some months
20 DO q. But buildtnR tbs track around
the lake and hsine able 20 Transport
piles and machinery and material % IS
70 work from both ends. the conetFuc.
ton Of the road VS. very much fseiii-
tated. And. as say. don't think that
9 narrow line ought % Be noW esoahiish-
ed after Q dozen % efteen years. IN The
oouatFuction Of THE grant, and % an
disposed 10 coneede the rule that the
company had the right 10 build thai